THE CORPORATIONS LAW
CCH Note:
Part 13 of the Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82 The Corporations Law is as follows:...
CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS
PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW
View history note
Hide history noteDivision 12 - Changes resulting from the Corporate Law Economic Reform Program Act 1999
CCH Note:
No 156 of 1999 said to insert Div 12 of Pt 11.2 after Div 11 of Pt 11.2. CCH has inserted Div 12 after Div 11A so as to avoid the divisions occuring in the order of Div 11, Div 12 and Div 11A.
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Transitional arrangements
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If . . . then, after
commencement . . .
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1 before the the director is taken to
commencement of have disclosed the interest
sechon 191 of the new as a material personal
Law, a director of a interest in accordance
proprietary company with sechon 191 of the
who had an interest in new Law and to have
a contract or proposed made the disclosure on the
contract with the day on which section 191
company declared the of the new Law
nature of the interest in commences.
accordance with
subsection 231(1) of
the old Law
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2 before the the director is taken to
commencement of have given standing
sechon 192 of the new notice in accordance with
Law, a director of a section 192 of the new
proprietary company Law and to have given
gave a general notice that notice on the day on
to the directors of the which sechon 192 of the
company in new Law commences.
accordance with
subsection 231(5) of
the old Law
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3 before the the resolution is taken to
commencement of be a resolution passed in
section 195 of the new accordance with subsection
Law, the board passed 195(2) of the new Law.
a resolution under
subsection 232A(3) of
the old Law
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4 before the ASIC is taken to have
commencement of made a valid declaration
section 196 of the new with identical conditions
Law, ASIC made a under section 196 of the
declaration under new Law.
section 232B of the old
Law which is skill in
force immediately
before commencement
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5 before the sections 199A and 199B
commencement of of the new Law apply if
section 199A or 199B an indemnity was given,
of the new Law, an or a premium paid, in
officer or auditor respect of the liability
incurred a liability after commencement. In
all other cases, sections
241 and 241A of the old
Law continue to apply.
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6 before the the company must deal
commencement of with the notice as
section 202B of the provided for in section
new Law, the company 239 of the old Law and
was served a notice in that section continues to
accordance with apply in relation to the
section 239 of the old matter
Law
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7 before the the company must act in
commencement of accordance with section
section 203D of the 227 of the old Law (which
new Law, notice of a continues to apply in
resolution was given to relation to the matter).
a company in
accordance with
subsection 227(3) of
the old Law
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8 on a date less than the company must lodge
1 month before the the nadce within I month
commencement of after the appointment in
section 205B of the accordance with sections
new Law, a director or 242 and 242AA of the old
secretary was Law (which continue to
appointed and no apply in relation to the
notice was lodged by matter).
the company in
accordance with
section 242 ofthe old
Law
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9 on a date less than the company must lodge
1 month before the the notice in accordance
commencement of with sections 242 and
section 205B of the 242AA of the old Law
new Law, a change (which continued to apply
occurred in the in relation to the matter).
personal details of a
director or secretary
and no notice was
lodged in accordance
with section 242 of the
old Law
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10 on a date less than the company must lodge
1 month before the the notice in accordance
commencement of with sections 242 and
section 205B of the 242AA of the old Law
new Law, a director or (which continue to apply
secretary stopped in relation to the matter).
being a director or
secretary and no notice
was lodged in
accordance with
section 242 of the old
Law
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11 on a date less than 14 the director or secretary is
days before the required to give the
commencement of company the information
section 205C of the in accordance with section
new Law, a director or 236 of the old Law (which
secretary was required continues to apply in
to give the company relation to the matter).
written notice under
section 236 of the old
Law and no such
notice was given
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12 on a dateless then 14 the directoris required to
days before the give the notice in
commencement of accordance with section
section 205G of the 235 of the old Law (which
new Law, a director continues to apply in
was required to give relation to the matter).
notice under section
235 of the old Law the
notice was not given
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13 before the subsections 229(3), (3A)
commencement of and (4) of the old Law
section 206B of the continue to apply in
new Law, a person is relation to the person. The
convicted of serious new Law applies m
fraud or an offence relation to all other
mentioned in people.
subsection 229(3) of
the old Law
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14 on the commencement o if the person has been
of section 206B of the an insolvent under
new Law, a person is administration for 3
an insolvent under years -- the person is
administration no longer disqualified
from managing
corporations.
o if the person has
been an insolvent
under administration
for less than 3 years
-- unless the person
obtained the leave of
the Court under
subsection 229(5) of
the old Law or
obtains the leave of
the Court under
section 206G of the
new Law, the person
is disqualified from
managing
corporations for the
shorter of the period
that they will be an
insolvent under
administration or the
period of 3 years
starting from when
they first became an
insolvent under
administration.
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15 before the section 1317EA of the old
commencement of Law continues to apply in
section 206C of the relation to such
new Law, an applications.
application for a civil
penalty order was
made and not dealt
with
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16 before the section 599 of the old
commencement of Law continues to apply in
section 206D of the relation to the application
new Law, an and any proceedings or
application was made orders flowing from that
under subsection application.
599(2) and was not
finally determined
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17 before the section 230 of the old
commencement of Law continues to apply in
section 206E of the relation to the application
new Law, an section 206E of the new
application was made Law applies as if the
under section 230 application had been
of the old Law and made under Part 2D.6 of
was not finally the new Law.
determined
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18 before the section 600 ofthe old
commencement of Law continues to apply in
section 206F of the relation to the matter.
new Law, a person is
served with a notice to
show cause why ASIC
should not serve on the
person a notice under
subsection 600(3) of
the old Law
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19 before the Part 2D.6 applies as if
commencement of the person were
section 206A of the disqualified under that
new Law, the person Part.
was disqualified from
managing corporations
under the Corporations
Law or a previous
corresponding law
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20 before the Part 2D.6 applies as if
commencement of the person had permission
section 206A of the to manage the corporation
new Law, the person under section 206F or
had permission under a 206G.
previous
corresponding law to
section 206F or 206G
to manage a corporation
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21 before the section 203D applies as
commencement of if the notice had been
section 203D of the given under subsection
new Law, a company 203D(2).
gives notice of
intention under a
corresponding
previous provision to
subsection 203D(2)
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